Principal Commissioner Of Income Tax 5 v. Oral Order

C/TAXAP/889/2018 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 889 of 2018 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX 5VersusKALYANBHAI K. PATEL========================================================== Appearance:MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE AKIL KURESHIandHONOURABLE MR.JUSTICE B.N. KARIA Date : 21/08/2018 ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1.The Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal dated 25.05.2017. Though several questions are framed, we are informed that Questions-A to D in the Tax Appeal do not arise for consideration in this appeal. We may therefore focus on the surviving questions which are germane of this appeal. These questions are as under: “[E] Whether on facts the case and in law, the Appellate Tribunal is correct in deleting the penalty levied u/s. 158BFA(2) of the Act on the addition of Rs.854,704/- made on unexplained investment in Nikol land and Rs.22,74,000/- made on unexplained investment in the land at Odhav? C/TAXAP/889/2018 ORDER [F]Whether on facts the case and in law, the Appellate Tribunal is correct in deleting the penalty levied u/s. 158BFA(2) of the Act on the addition of Rs.18,69,756/- made on unexplained investment in Odhav land?” 2.Issue pertains to penalty levied under section 158BFA of the Act which the Tribunal deleted on the ground that the quantum additions have been deleted. In a separate appeal filed by the Revenue being Tax Appeal No.723 of 2018, we have not entertained Revenue's grounds against the quantum additions. 3.In the result, this Tax Appeal is dismissed. (AKIL KURESHI, J) ANKIT SHAH (B.N. KARIA, J)